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Being careful when selling a deceased’s home

On Behalf of | May 4, 2020 | Probate & Estate Planning |

In Georgia, there are strict rules that govern selling part of an estate. One of the major considerations is that creditors need to be paid first before the beneficiaries are able to inherit their property. Thus, the first thing to do before selling anything is to make sure that the debts are settled. If not, the creditors will have the first claim to part of the estate.

Those who are not the executor of the estate must get permission from that person before they sell anything, including the home. It is the executor who manages the property of the estate. Thus, before doing anything, it is best to make sure that the executor is on board. This includes having a conversation before listing the home to make sure that everyone is on the same page.

In addition, if there is a will instead of a trust, selling the home of the deceased needs to have the involvement of the probate court. Sales cannot happen until there is a grant of probate. This may add some time to the process because probate can stretch for many months. Nevertheless, one cannot act to do anything to dispose of the estate without this process being completed. This is especially true when dealing with a valuable asset such as a home.

It may be best to consult with an estate planning attorney before doing anything to sell an estate’s assets. The attorney may advise as to the process that needs to be followed before anything can happen. In addition, there might be contentious relationships with the other beneficiaries that people want to navigate with the assistance of an attorney. Probate is a very technical process, so professional help may get someone through it as smoothly as possible.


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